§235-97  Estimates; tax payments; returns.



(a)  (1)  Individuals, corporations (including S
corporations), estates, and trusts, shall annually furnish the department of
taxation with a declaration of estimated tax for the current taxable year. 
Declarations of estimated tax, except as otherwise provided by rule, shall be
governed by the provisions as to returns contained in sections 235-94, 235-98,
235-99, and 235-128.  The declarations shall be made on estimated tax payment
voucher forms.  The payment voucher shall be filed, in the case of taxpayers on
the calendar year basis, on or before April 20.  In the case of a husband and
wife who are entitled to submit a joint payment voucher for federal purposes, a
single payment voucher may be submitted by them jointly, in which case the
liability with respect to the estimated tax shall be joint and several; if a
joint payment voucher is submitted but a joint income tax return is not made
for the taxable year, the estimated tax for the year may be treated as the estimated
tax of either the husband or the wife or may be divided between them.



(2)  Each taxpayer shall transmit, with the payment
voucher, payment of one-quarter of the estimated tax for the current taxable
year.  In determining this quarterly payment and all other installments, there
first shall be deducted from the total estimated tax the amount of estimated
tax withholding or collection at source for the taxable year.  Thereafter, on
the twentieth day of June and September, the taxpayer shall transmit with the
payment voucher, payment of one-quarter of the estimated tax.  The fourth
quarter payment of the estimated tax shall be transmitted with the payment
voucher by January 20 of the year following the taxable year for which the
estimate was made.



(3)  Taxpayers operating on a fiscal year basis shall
make similar estimates and tax payments, on or before the twentieth day of the
fourth month of the fiscal year and periodically thereafter so as to conform to
the payments and returns required in the case of those on a calendar year
basis.



(4)  The department by rule may excuse individuals
from filing an estimate in those cases where the gross income and exemptions
are such that no tax is expected to accrue under this chapter, or are such that
substantially all the tax will be collected through tax withholding or at the
source.



(5)  In the case of a foreign corporation, the
department may excuse the filing of an estimate and the payment of estimated
tax if it is satisfied that less than fifteen per cent of the corporation's
business for the taxable year will be attributable to the State.  For the
purposes of this paragraph, fifteen per cent of a corporation's business shall
be deemed attributable to the State if fifteen per cent or more of the entire
gross income of the corporation (which for the purposes of this paragraph means
gross income computed without regard to source in the State) is attributable to
the State under sections 235-21 to 235-39 or other provisions of this chapter.



(6)  In the case of a taxpayer whose tax liability is
less than $500, the filing of an estimate and the payment of estimated tax
shall not be required.



(b)  Net income returns for the taxable year
shall be filed with the department on or before the twentieth day of the fourth
month following the close of the taxable year, and shall be accompanied by
payment of the balance of the tax for the taxable year, or the entire tax for
the taxable year, as the case may be.  These returns shall be filed both by
persons required to make declarations of estimated tax pursuant to this section
and by persons not required to make declarations of estimated tax.



(c)  At the election of the taxpayer, any
installment of the estimated tax may be paid prior to the date prescribed for
its payment.



(d)  A person who, under the regulations of the
department adopted pursuant to subsection (a)(4), is relieved of filing an
estimate, shall if the regulations cease to apply by reason of a change of
circumstances during the taxable year, file the required estimate on the first
quarterly payment date prescribed for payment of estimated taxes, following
such change of circumstances, and pay the estimated tax in equal installments
computed by allocating the entire amount shown by the estimate for the current
taxable year to the remaining quarterly payment dates.



(e)  An amendment of an estimate may be filed,
under regulations prescribed by the department.  If an amendment is filed, the
remaining installments, if any, shall be ratably increased or decreased to
reflect the increase or decrease in the estimate.  The amended estimate may be
accompanied by payment of the amount of underpayment, if any, and if so this
shall be considered in determining the period of the underpayment as provided
in subsection (g).



(f)  In the case of any underpayment of
estimated tax, except as provided by this subsection, there shall be added to
the tax for the taxable year an amount determined at the rate of two-thirds of
one per cent a month or fraction of a month upon the amount of the underpayment
for the period of the underpayment.



(1)  The amount of the underpayment shall be the
excess of:



(A)  The required installment, over



(B)  The amount, if any, of the installment
paid on or before the due date for the installment.



(2)  The period of the underpayment shall run from the
due date for the installment to whichever of the following dates is the
earlier:



(A)  The twentieth day of the fourth month
following the close of the taxable year, or



(B)  With respect to any portion of the underpayment,
the date on which the portion is paid.  For purposes of this paragraph, a
payment of estimated tax on any installment date shall be credited against
unpaid required installments in the order in which the installments are
required to be paid.



(3)  For the purposes of this section, the term
"tax" means the tax imposed under this chapter reduced by any credits
available to the taxpayer other than the credit for amounts withheld from the
taxpayer's wages or taxes withheld at the source, if any, or estimated tax
payments or payments remitted with extension requests for the taxable year.



(4)  Sections 6654(d), (e)(2), (e)(3), (h), (i), (j),
(k), and (l), (with respect to failure by an individual to pay estimated income
tax), and 6655(d), (e), (g)(2), (g)(3), (g)(4), and (i) (with respect to
failure by a corporation to pay estimated income tax) of the Internal Revenue
Code, as of the date set forth in section 235-2.3(a), shall be operative for
the purposes of this section; provided that the due dates contained in any of
the preceding Internal Revenue Code sections shall be deemed to be the
twentieth day of the applicable month; and provided further that, for purposes
of this chapter in applying section 6654(d), the required annual payment shall
be the lesser of sixty per cent of the tax shown on the return for the taxable
year (or, if no return is filed, sixty per cent of the tax for the taxable
year) or one hundred per cent of the tax shown on the return of the individual
for the preceding taxable year.



(g)  The amounts of taxes withheld from wages
or collected at source shall be deemed payments of estimated tax, and an equal
part of any such amount shall be deemed paid on each installment date for the
taxable year, unless the taxpayer establishes the dates on which all amounts
were actually withheld or collected, in which case the amounts so withheld or
collected shall be deemed payments of estimated tax on the dates on which such
amounts were actually withheld or collected. [L Sp 1957, c 1, pt of §2; am L 1959,
c 277, §12; am L Sp 1959 2d, c 1, §16; Supp, §121-31; am L 1967, c 134, §4; HRS
§235-97; am L 1979, c 62, §2(12); gen ch 1985; am L 1990, c 16, §3; am L 1991,
c 20, §1; am L 1993, c 73, §§5, 6; am L 1995, c 67, §1; am L 1998, c 113, §4;
am L 2002, c 190, §1; am L 2003, c 14, §1]



 



Note



 



  The 2003 amendment applies to taxable years beginning after
December 31, 2002.  L 2003, c 14, §4.



 



Revision Note



 



  In subsection (d), "(a)(4)" substituted for
"(a)(5)".